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The Russia Investigation: Trump Pardons Flynn (26 Viewers)

just so I'm clear, Mueller's letter said that Barr's letter did not capture the full context of the report, correct?  He did not say it was wrong, right?  The remedy to not capturing the full context of the report is to release the full report.  Which Barr did, once Mueller's people and Barr's people redacted what needed to be redacted.  

Also, I asked previously but I'll ask you.  While Mueller couldn't indict, he absolutely can recommend impeachment charges, right?  
"context, nature and substance of the work and conclusions"

It is basically saying "WTF are you doing?"

Barr's spin that Mueller's primary concern was that the media was getting it wrong is just more misdirection.  The media was only getting it wrong because Barr did not accurately summarize what was in Mueller's report.

 
There's no such thing as recommending impeachment charges. That's entirely up to the House of Representatives. Mueller "recommending" impeachment charges has no more meaning than you or I doing so. It's a political question, not a legal one. 

So, short answer. No. 
Ken Starr recommended impeachment (I don’t remember the exact words he used, but the gist was a recommendation of impeachment), but he was operating under a different statute and had a different scope of work.

 
"context, nature and substance of the work and conclusions"

It is basically saying "WTF are you doing?"

Barr's spin that Mueller's primary concern was that the media was getting it wrong is just more misdirection.  The media was only getting it wrong because Barr did not accurately summarize what was in Mueller's report.
Mueller never even talked about the media in his letter.  

 
But using your wording, Mueller "clearly ruled" that he could not exclude or exonerate Trump from obstruction. So Barr's "ruling*"" is directly contradictory to Muelller's. 

* Since neither Barr or Mueller are judges/and or triers of fact there haven't actually been any "rulings" but this discussion is devolved enough that I'm willing to expand the legal definitions of words.  
I think we are in agreement here.  Mueller punted to Barr or Congress on obstruction charges.  Barr says no obstruction and not shockingly all the Dems in Congress disagree.

 
There's no such thing as recommending impeachment charges. That's entirely up to the House of Representatives. Mueller "recommending" impeachment charges has no more meaning than you or I doing so. It's a political question, not a legal one. 

So, short answer. No. 
I don't think that's right.  Didn't Starr recommend impeachment?

 
just so I'm clear, Mueller's letter said that Barr's letter did not capture the full context of the report, correct?  He did not say it was wrong, right?  The remedy to not capturing the full context of the report is to release the full report.  Which Barr did, once Mueller's people and Barr's people redacted what needed to be redacted.  

Also, I asked previously but I'll ask you.  While Mueller couldn't indict, he absolutely can recommend impeachment charges, right?  
Mueller said Barr “did not fully capture the context, nature, and substance” of his report. He did say it was wrong, and in pretty harsh words for DC-speak, hence Barr saying the letter was “snitty,” and assuming it was written and sent out by an underling. Also, Mueller did not send Barr a letter that he didn’t ok first, as evinced by his signature on the bottom. 

Honestly, I doubt Barr thought it was sent by an underling. Overall, his candor yesterday was awful.

 
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Ken Starr recommended impeachment (I don’t remember the exact words he used, but the gist was a recommendation of impeachment), but he was operating under a different statute and had a different scope of work.
But the House is under zero obligation to undertake such a recommendation making it rather meaningless. All it was was cover for the House making it a political act, not a legal one. 

 
Mueller never even talked about the media in his letter.  
I know.  But I have no doubt that when Mueller and Barr talked, Mueller probably highlighted the fact that the media was getting it all wrong.  Of course, that is not the substance of his complaint to Barr but rather the effect.  Barr's failure to capture the actual context, nature and substance of the work and conclusions directly resulted in the media getting it wrong.

Of course that is exactly what Trump/Barr wanted.  They had a three week head start on the narrative in a news cycle that spins at a crazy pace.

Barr suggesting in the hearing that he didn't release the executive summaries prepared by Mueller's team because he wanted to just put the whole report out instead is also disingenuous and politking.  Putting the Mueller executive summaries out instead of his misleading two pager would have immediately changed the narrative.  No one would be saying "no obstruction".  And, Barr knows full well that the vast majority of people (especially Trump supporters) would not read the whole report three weeks after they were given a soundbite to chew on.

It was all calculated and political gamesmanship.  By the A.G. to protect the President.  The DOJ is Trump's now.  All that is left to do is install tacky carpet and golden toilets.

 
I think we are in agreement here.  Mueller punted to Barr or Congress on obstruction charges.  Barr says no obstruction and not shockingly all the Dems in Congress disagree.
I don't think Mueller punted to Barr.  I think he was blindsided by the conclusion that Barr drew from his report (which he likely does not agree with).  That's why he wrote the letter.

Edit to clarify:  I think it is pretty clear that Mueller did not think the DOJ, whether SCO or the A.G., could bring charges against a sitting president.  Barr jumped all over it though and cleared Trump of obstruction on the dubious premise that there was no underlying crime to obstruct.

 
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I don't think Mueller punted to Barr.  I think he was blindsided by the conclusion that Barr drew from his report (which he likely does not agree with).  That's why he wrote the letter.
Mueller made it clear that it is not in the purview of the DOJ to prosecute and Barr is DOJ. He pretty unambiguously did not punt to Barr. 

 
Just so I am clear.  The genesis of the SCO and Mueller was Trump's firing of Comey, correct? 

Previous SCO's have certainly been tasked with recommending charges of impeachment if valid (Starr) so that can certainly be in their wheelhouse.  However, in this case, although they started based on the presumption that Trump might have obstructed Justice,  Mueller was then bound by not allowing him to make any recommendations to congress based on his actual findings? 

You've gotta be ####### kidding me.

 
Just so I am clear.  The genesis of the SCO and Mueller was Trump's firing of Comey, correct? 

Previous SCO's have certainly been tasked with recommending charges of impeachment if valid (Starr) so that can certainly be in their wheelhouse.  However, in this case, although they started based on the presumption that Trump might have obstructed Justice,  Mueller was then bound by not allowing him to make any recommendations to congress based on his actual findings? 

You've gotta be ####### kidding me.
Mueller is an honourable guy.  He stays in his lane.  He didn't need to "recommend" anything to Congress.  It was all laid out in a paint by numbers fashion in his report.  The obstruction is plain as day.  

Barr jumped on the grenade for Trump though and undercut Mueller.  It will be interesting to hear what Mueller has to say about it all if and when he testifies.

 
Just so I am clear.  The genesis of the SCO and Mueller was Trump's firing of Comey, correct? 

Previous SCO's have certainly been tasked with recommending charges of impeachment if valid (Starr) so that can certainly be in their wheelhouse.  However, in this case, although they started based on the presumption that Trump might have obstructed Justice,  Mueller was then bound by not allowing him to make any recommendations to congress based on his actual findings? 

You've gotta be ####### kidding me.
1. Yes, Mueller was hired by RR after Comey's firing

2. Starr was not a SC. He was an Independent Counsel that was part of the the Legislative Branch, not the Executive Branch. IC's are not part of the DOJ and thus do not need to follow DOJ guidelines. As part of the Legislative Branch, their branch of government is the sole arbiter of impeachment. But ICs no longer exist because Starr was overtly political and Congress did away with the statute entirely because of this. 

3. I'm not kidding you. 

 
Mueller is an honourable guy.  He stays in his lane.  He didn't need to "recommend" anything to Congress.  It was all laid out in a paint by numbers fashion in his report.  The obstruction is plain as day.  

Barr jumped on the grenade for Trump though and undercut Mueller.  It will be interesting to hear what Mueller has to say about it all if and when he testifies.
Sure if you are wearing your anti Trump glasses 

 
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Just so I am clear.  The genesis of the SCO and Mueller was Trump's firing of Comey, correct? 

Previous SCO's have certainly been tasked with recommending charges of impeachment if valid (Starr) so that can certainly be in their wheelhouse.  However, in this case, although they started based on the presumption that Trump might have obstructed Justice,  Mueller was then bound by not allowing him to make any recommendations to congress based on his actual findings? 

You've gotta be ####### kidding me.
Yes on the first point.

Starr was an Independent Counsel rather than a Special Counsel.

The difference is that Independent Counsel is a position created by Congress, so it makes sense for an Independent Counsel to make recommendations to Congress.

Special Counsel is a position created by the DOJ and has nothing to do with Congress. His job is to investigate and (when it comes to non-Presidents) criminally prosecute.

 
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I don't think Mueller punted to Barr.  I think he was blindsided by the conclusion that Barr drew from his report (which he likely does not agree with).  That's why he wrote the letter.

Edit to clarify:  I think it is pretty clear that Mueller did not think the DOJ, whether SCO or the A.G., could bring charges against a sitting president.  Barr jumped all over it though and cleared Trump of obstruction on the dubious premise that there was no underlying crime to obstruct.
Like I said, unless Mueller comes out and says Barr is wrong I think Trump is the big winner here.

 
In actual news, the WH wrote a letter to the DOJ complaining about Mueller's report the day after it was released publicly. 

“It is one thing for a president to encourage complete cooperation and transparency in a criminal investigation conducted largely within the Executive Branch. It is something else entirely to allow his advisers to appear before Congress...” the letter said.
This looks to be the precursor to the Executive Privilege court battle to come. What's weird to me about it is that knowing they wrote this letter (and they would exert EP), why did they use the we never exerted EP line in their talking points? It seems like it makes exerting it now that much worse. 

 
Like I said, unless Mueller comes out and says Barr is wrong I think Trump is the big winner here.
Someone asked yesterday why Barr would write the letter he did when he knew the report would come out eventually.

Noonan's post here is exactly the reason why he did it. 

 
You know what they say about assuming.
i said "know" not "assume".

 If I am wrong and you actually did read the report you would have said so, rather than playing these (not so) clever word games.  But, you didn't.

 
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Mueller said Barr “did not fully capture the context, nature, and substance” of his report. He did say it was wrong, and in pretty harsh words for DC-speak, hence Barr saying the letter was “snitty,” and assuming it was written and sent out by an underling. Also, Mueller did not send Barr a letter that he didn’t ok first, as evinced by his signature on the bottom. 

Honestly, I doubt Barr thought it was sent by an underling. Overall, his candor yesterday was awful.
Is "snitty" a legal term?

 
Like I said, unless Mueller comes out and says Barr is wrong I think Trump is the big winner here.
I agree.  But I suspect that Mueller will not, as he will remain true to what his mandate was.  I think the most he will likely say is that his office did not consider the question of whether obstruction can be made out where the underlying crime cannot be proven to the requisite legal standard.  

 
Someone asked yesterday why Barr would write the letter he did when he knew the report would come out eventually.

Noonan's post here is exactly the reason why he did it. 
Yep.  And the reason Barr was never going to release the summaries is that, even on conspiracy, the summaries paint a bad picture for Trump.  They had multiple contacts with the Russians, knew that Russians were going to hack the election in their favour, and knew they would ultimately benefit.  The SCO just couldn't establish that they actually helped them do it or, in the case of Junior for example, they were too stupid to know what they were doing was wrong.

The summary on obstruction is a laundry list of all the ways Trump tried to stop the investigation.  It is damning.

It does not take long to read the summaries.  Many people would have.  They accurately summarize what is in the report.  I can't comment on whether they accurately reflect the underlying evidence as I have not read it (and don't want to, really).

Barr didn't release the summaries (I think to the astonishment of Mueller) for obvious reasons.  Had he, the narrative would have been completely different.  In my view, what Barr did was a stain on the office of the A.G. and on his reputation.  He's a political operative.  Washington knows it, too.

 
Is "snitty" a legal term?
Nope, but I don’t think he was up there acting as a legit law talking guy. When you’re an AG making stuff up for Congress, I would imagine you want to use as many vague, non-legal terms as possible.

If he could have filled his mouth with peanut butter and gum in between blowing a vuvuzela, I think he would have had a tub of each in front of him while blasting the music of his people. He wasn’t there to be helpful (to anyone but trump), imo. 

 
"context, nature and substance of the work and conclusions"

It is basically saying "WTF are you doing?"

Barr's spin that Mueller's primary concern was that the media was getting it wrong is just more misdirection.  The media was only getting it wrong because Barr did not accurately summarize what was in Mueller's report.
Exactly. Mueller never mentioned the media in his letter to Barr.

 
Barr jumped all over it though and cleared Trump of obstruction on the dubious premise that there was no underlying crime to obstruct.
Even though he didn't review the evidence of the case.  This is still the most amazing thing from yesterday.  It hadn't even entered my mind as possibly being true, yet here we are.

 
But I've been told for two years that Trump is going to be brought out of the white house in handcuffs as soon as the report is finished? 
This is the sort of hyperbole that makes discussion in here impossible sometimes. I’m surprised to hear it coming from you, since I’ve found you pretty thoughtful up to now. 

There is no serious person here or elsewhere who made this claim. You may have heard it on a right wing talk show; you’re unlikely to hear it anywhere else. 

 
It seems like 90% of the disagreements in this thread are now focused on what Mueller meant. These questions can all be settled by having him testify. Then we will know for sure. 

 
The OLC opinion also recognizes that a President does not have immunity after he leaves office. And if individuals other than the President committed an obstruction offense, they may be prosecuted at this time. Given those considerations, the facts known to us, and the strong public interest in safeguarding the integrity of the criminal justice system, we conducted a thorough factual investigation in order to preserve the evidence when memories were fresh and documentary materials were available.
- Mueller.

 
It seems like 90% of the disagreements in this thread are now focused on what Mueller meant. These questions can all be settled by having him testify. Then we will know for sure. 
It's crystal clear what Mueller said.  It's written in black and white.  He doesn't have to say a word.  The only "disagreement" here is how anyone gives credibility to people who are attempting to misconstrue his words intentionally.  Someone asked why the Barr letter came out that early.  This is exactly why.  It was the smoke bomb in the middle of the battlefield.

 
Even though he didn't review the evidence of the case.  This is still the most amazing thing from yesterday.  It hadn't even entered my mind as possibly being true, yet here we are.
I think it's kind of obvious. It took too long to redact too. But a two year investigation and 474 page report plus underlying evidence outside the report can't be consumed and distilled into a two page summary of a prosecuting decision in roughly 14 hours. Can't do it.

 
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I think it's kind of obvious. It took too long to redact too. But a two year investigation and 474 page report plus underlying evidence outside the report can't be consumed into a two page summary of a prosecuting decision in roughly 14 hours.Can't do it. I twas always obvious Barr hadn't read it.
I just assumed he had some minions going over it with him.  I guess I am still a bit naive....I only have myself to blame :bag:  

 
It's crystal clear what Mueller said.  It's written in black and white.  He doesn't have to say a word.  The only "disagreement" here is how anyone gives credibility to people who are attempting to misconstrue his words intentionally.  Someone asked why the Barr letter came out that early.  This is exactly why.  It was the smoke bomb in the middle of the battlefield.
I think it’s important for him to say it live. 

 
It seems like 90% of the disagreements in this thread are now focused on what Mueller meant. These questions can all be settled by having him testify. Then we will know for sure. 
I do t think the disagreement is about what Mueller “meant”.  I think the question is why he did what he did. 

The disagreement in this thread seems to be what the report actually says.  But, I wouldn’t put too much stock in that, as it seems obvious that some people haven’t read the report. 

 
This is the sort of hyperbole that makes discussion in here impossible sometimes. I’m surprised to hear it coming from you, since I’ve found you pretty thoughtful up to now. 

There is no serious person here or elsewhere who made this claim. You may have heard it on a right wing talk show; you’re unlikely to hear it anywhere else. 
Lighten up Francis, It was tongue in cheek and I’ve wrapped it with what I think are engaging comments.  But frankly speaking i have absolutely heard these claims on this board, from pundits on tv and from some of the wackier politicians on cnn.  

 
It seems like 90% of the disagreements in this thread are now focused on what Mueller meant. These questions can all be settled by having him testify. Then we will know for sure. 
I agree.  I hope that once he does testify people will take his word as gospel.  Regardless of what that means moving forward.

 

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